At EEPLF, our firm is ready to help clients when the unexpected happens.
Estate Planning and Medical Emergencies: Why Advance Care Planning Matters
Estate planning is often thought of as a way to pass on assets after death—but it’s also a powerful tool for preparing for the unexpected, including medical emergencies. In fact, helping individuals plan for unforeseen health events is a significant part of what many estate planning attorneys do.
No matter your age, having advance care documents in place is essential. While these documents become increasingly critical as you get older, anyone over the age of 18 should have a plan that authorizes someone they trust to make medical decisions on their behalf.
Why Advance Directives Are Essential
If you’re admitted to the hospital unexpectedly—whether for emergency care, a serious illness, or surgery—there may come a time when you can’t speak for yourself. In such situations, an Advance Directive, also known as a Health Care Power of Attorney in many states, is crucial. This document legally authorizes someone you choose to communicate with medical professionals and make healthcare decisions on your behalf.
Contrary to popular belief, simply being a spouse or child may not be enough to gain access to your medical information or make critical decisions due to strict healthcare privacy laws. That’s why a formal document is necessary.
Choosing the Right Healthcare Agent
It’s a good idea to name two agents: a primary and a backup. For example, if you and your spouse are both involved in a serious accident, a secondary agent can step in and advocate for both of you.
Who you choose depends on your personal circumstances. An adult child who lives nearby and understands your wishes might be the best option. If no family is close, a trusted friend may be suitable—unless they are also older or have health concerns of their own. You’ll want someone who can act quickly and reliably, even in the middle of the night. An estate planning attorney can help you evaluate your options and make a well-informed decisio.
Custom Documents Reflect Your Unique Wishes
While Do it Yourself forms for health care powers of attorney exist, a one-size-fits-all approach may not reflect your specific preferences. Working with an estate planning attorney ensures that your directives are tailored to your values, your medical history, and your unique situation.
Revisit Your Choices as Medicine Evolves
It’s important to review your healthcare directives regularly. Attitudes toward life-sustaining treatments, such as ventilators, have evolved—especially since the COVID-19 pandemic. Where many once said they’d never want to be on a respirator, modern medicine has shown how these tools can save lives under the right circumstances.
With medical technology advancing rapidly, your decisions today may be very different from those you made five or ten years ago. For example, you might now want life support if brain activity is detected or if your prognosis is better understood thanks to new imaging techniques or treatments. Your healthcare directive should reflect these nuanced, evolving perspectives.
Planning for the Unexpected
Ultimately, a comprehensive estate plan does more than prepare your assets for distribution—it protects your health, autonomy, and peace of mind. Regularly reviewing your documents with a knowledgeable estate planning attorney ensures your wishes are clearly documented and legally enforceable, no matter what the future holds.
These legal topics are provided to you by the President of QMC, Mark Easley. While QMC does not engage in the practice of law, Mr. Easley has practiced estate planning and elder law for over 30 years and is currently the principal at the Elder and Estate Planning Law Firm of St. Louis.